Today, history was made by the ABA House of Delegates. In an age where other professionals are being bought and sold like commodities, the ABA's House of Delegates reaffirmed a decades old ABA policy that non-lawyer ownership of law firms, and fee splitting with non-lawyers is anathema to the legal profession and in direct conflict with the core values that have sustained our profession for generations. In the legal profession, protection of the public, particularly against predatory pecuniary policies is paramount, and will continue to be the primary focus of our profession.

On Tuesday, August 9, the American Bar Association’s House of Delegates formally adopted Resolution 402, which reaffirms longstanding ABA policy adopted in July 2000 that sharing legal fees with nonlawyers and the ownership or control of law practices by nonlawyers is inconsistent with the core values of the legal profession. The Resolution was sponsored and proposed by the Illinois State Bar Association.

Trusts, of course, are frequently utilized as asset-protection mechanisms. Still, writes Ira N. Helfgot in his August Illinois Bar Journal article, “From Illinois to Delaware,” many creditors are unfamiliar with how to proceed with collecting from trusts, particularly from Delaware trusts. Helfgot offers a primer for creditors attempting to collect their judgments against Illinois and Delaware trusts and explains what attorneys need to know about the differences between Delaware and Illinois trust instruments. 

The Illinois Supreme Court Pretrial Implementation Task Force (Task Force) posted on its website a new flowchart and considerations document on the setting of release conditions.

The Illinois Supreme Court Rules Committee will hear comments on October 5, 2022, at a public hearing in Chicago on six proposals.

Public Act 102-1076, which was signed by Gov. JB Pritzker and went into effect on July 1, 2022, makes a prime contractor personally liable for unpaid lower tier wages and other employee benefits, gives a variety of remedies to unpaid employees against their employer (and, now, against prime contractors), and obligates subcontractors to indemnify general contractors under some circumstances. The Act significantly impacts the risks of general contractors and subcontractors engaged in building projects in Illinois.

The Illinois Supreme Court Commission on Professionalism is pleased to announce the release of a Profiles in Professionalism video featuring Justice Rita B. Garman (Ret.).  

The Commission’s Profiles in Professionalism series highlights distinguished members of the legal profession at the end of their careers. Previous videos include interviews with former Illinois Supreme Court Chief Justices Mary Ann McMorrow and Thomas R. Fitzgerald. The Commission interviewed Justice Garman on June 28, 2022, just days before her retirement. 

The Illinois State Bar Association’s Lawyer Finder Service provides referrals to local lawyers Mondays through Fridays. The Service makes referrals in a number of areas of law. For the month of July, 2022, ISBA helped 788 people in need of legal services find lawyers. 

Working with other states and entities across the American Bar Association, the Illinois State Bar Association (ISBA) is the co-sponsor of a proposed Resolution and Report in the ABA House of Delegates that seeks to reaffirm longstanding ABA policy adopted in July 2000 that sharing legal fees with nonlawyers and the ownership or control of law practices by nonlawyers is inconsistent with the core values of the legal profession. 

Don’t miss ISBA’s 4th Annual Abraham Lincoln’s Legal Legacy seminar as we take an in-depth look at how to overcome prejudice and racial discrimination in the legal profession. The program takes place at the Lincoln Log Cabin State Historic Site, which was where Lincoln’s father and stepmother eventually moved after their one year near Decatur, Illinois, and where they remained until their death. Just eight miles east lies Charleston, Illinois, which is where Lincoln made several statements about slavery and racial equality during one of his debates with Senator Stephen Douglas. The city also served as the backdrop for at least 24 cases Lincoln had as an attorney, one of which he famously represented a slave owner attempting to have his slaves returned to him.